Directory on the Canonical Status of the Clergy
The aim of this Directory is to set out and draw together in one short document the relevant parts of Canon Law, the Catholic Church’s ecclesiastical law, which establish the rights and obligations of the Clergy. It seeks to present in a clear and accessible way these key provisions of Canon law as a single source of reference for priests, permanent deacons and bishops.
The Directory includes some proposed developments in respect of disciplinary and administrative matters which are designed to provide some pointers of good practice in the application of the relevant canons. The overall aim of the Directory, which has been approved for publication by the Bishops’ Conference of England and Wales, is to assist in the effective and consistent application of the Church’s own law for the benefit of all.
The Directory is underpinned by strong theological and spiritual principles. Amongst other sources, references are made to the Directory on the Life and Ministry of Priests and the Directory for the Life and Ministry of Permanent Deacons, which synthesize much of the Church’s doctrine, particularly in the light of the Second Vatican Council and in the recent Magisterium of the Roman Pontiffs, concerning the nature, ministry, duties and rights of priests and deacons.
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Directory on the Canonical Status of the Clergy (pdf)
Foreword by Archbishop Peter Smith
The aim of this Directory is to set out and draw together the relevant canons which establish the rights and obligations of the clergy, and to provide a clear presentation of the canonical processes which affect them. In the Preface to the 1983 Code of Canon Law, we read that: “Pastors have at their disposal secure norms by which they may correctly direct the exercise of the sacred ministry. To each person is given a source of knowing his or her own proper rights and duties. Arbitrariness in acting can be precluded...”.
It is my hope that this Directory will provide that “source of knowing”, together with a clarity and transparency within which we may all be able to familiarise ourselves more readily with those rights and duties most directly connected with our canonical “status” as clerics and holders of ecclesiastical office.
Alongside the provisions of the Code, there are some proposed developments in respect of disciplinary and administrative matters which may be helpful. These sections are printed in italics, to make it clear that they are not contained in the Code itself. Provision of a procedure to resolve administrative disputes was contemplated for the revised Code, but in the end the Code Commission decided to leave to Conferences of Bishops the decision as to whether to introduce administrative tribunals or similar bodies according to local need. “Although it is very much to be desired that administrative tribunals be regularly established by Conferences of Bishops, for promoting
subjective rights and for ordering administrative justice better, it does not seem opportune to impose such a burden by universal law... and therefore it seems appropriate to move gradually and in some way voluntarily, according to local possibilities and sources.” (Com.CIC Rec, “Acta Commissionis: Relatio”, Comm 16 (1984) 85-86).
The rights and obligations of clergy contained in the Code are set in an ecclesial context which informs their meaning and understanding. In the words of Pope John Paul II: “The code is in no way intended as a substitute for faith, grace, charisms and especially charity in the life of the Church and of the faithful. On the contrary, its purpose is to create such an order in the ecclesial society that, while assigning primacy to love, grace and charisms, it at the same time renders their organic development easier in the life of both the ecclesial society and in the individual persons who belong to it.” (Sacrae disciplinae leges, 25th January 1983)
This Directory was approved for publication by the plenary meeting of the Bishops’ Conference of England and Wales in November 2008. The resolution passed unanimously at that meeting stated that: “The Bishops’ Conference commends the Directory on the Canonical Status of the Clergy as a clear statement of the canonical norms regarding the rights and obligations of clergy, and in setting out good practice in their interpretation and implementation.” I hope this Directory will be a useful reference work for those not expert in canon law, and that it will provide a clear guide to the rights and obligations of the clergy, and provide for our Dioceses appropriate processes to be tried “ad experimentum” in the resolution of disciplinary and administrative conflicts. It is intended that it will act as a clear and common standard for the development of Handbooks in each Diocese.
Finally, I want to express my gratitude and thanks to all the members of the Working Group who put this document together in consultation with the Diocesan Bishops and clergy of England and Wales, and in particular Ed Morgan and Fr Kristian Paver who did the bulk of the work involved. We are also very grateful to the Congregation for Clergy for their helpful comments on the draft text.
Archbishop Peter Smith
Vice President
Catholic Bishops’ Conference of England and Wales
May 2009
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